Section One 10 Points Use Westlaw To Locate The Following Ca
Section One10 Pointsusewestlawto Locate The Following Case And Provid
Use Westlaw to locate the case with the citation 579 F.2d 1200 and provide the following: 1. The prevailing parties in the trial court proceeding. 2. The trial court and the appellate court names. 3. The case type. 4. A summary of the case facts in your own words. 5. The issues on appeal. 6. The author of the opinion. 7. The docket number. 8. The decision date and the court's ruling. 9. The text of Headnote [6] and the author referenced therein. 10. The attorney or attorneys who represented the appellants.
Section Two 10 points Using WestlawNext KeyCite the following case: Parker v. State of Oklahoma , 556 P.2d 1298 (Okla. Crim. App. 1976)
A) Number of citing references provided. B) Whether a Maryland case cited Parker, with citation. C) Whether a Connecticut case cited Parker, with citation. D) Number of citing cases that are no longer good law, with citations. E) Whether legal encyclopedias cited Parker, with citations.
Section Three 5 points Your attorney has asked you to determine whether any cases have cited Headnote [6] as referenced in Question 9 of Section One above.
Using proper citation, provide any citing references located. Describe your process for locating this information.
Section Four 5 points If you have the 8th edition of Statsky , complete assignment 11.7 on page 532. If you have the 7th edition of Statsky , complete assignment 13.1 on pages 633 & 634.
Section Five 5 points If you have the 8th Edition of Statsky , complete assignment 13.8 on page 586. If you have the 7th Edition of Statsky , complete the following: Discuss how the use of Litigation Support, Case Management and Knowledge Management software can protect the attorney from ethical breaches. Cite applicable ABA Model Rules.
Section Six 10 points Use Your Appellate Brief Scenario to answer this section
Phrase the legal issue or issues as they will be raised on appeal. Using WestlawNext, locate, correctly cite, and summarize at least one mandatory court opinion you can argue in Kant’s appeal.
Paper For Above instruction
The assignment requires a comprehensive research and analysis of legal cases using Westlaw and WestlawNext databases, focusing on specific cases such as 579 F.2d 1200 and Parker v. Oklahoma. It involves identifying case details including parties, courts, case types, facts, issues, authorship of opinions, docket numbers, rulings, and headnotes. Further, it demands evaluating how other cases cite these headnotes and understanding legal referencing methodologies. Additional tasks include completing certain assignments from Statsky’s legal textbooks based on the edition held, discussing legal software’s ethical implications, and analyzing appellate issues relevant to a given Scenario using WestlawNext. The goal is to demonstrate proficiency in legal research, citation, and critical analysis applicable at an advanced academic level.
Paper For Above instruction
In the realm of legal research and analysis, mastering the use of legal databases such as Westlaw and WestlawNext is crucial for accurately locating cases, understanding their facets, and applying this knowledge effectively in appellate contexts. This paper addresses a series of interconnected tasks designed to deepen understanding of case law, legal citations, and ethical considerations associated with legal practice, especially in the context of appellate advocacy and legal research techniques.
Firstly, the case identified by the citation 579 F.2d 1200 is a federal appellate case that provides insight into litigant outcomes, procedural history, and legal issues. Using Westlaw, it is necessary to pinpoint the prevailing parties—typically the plaintiff or defendant—the specific trial and appellate courts involved, and classify the case type, such as civil, criminal, or administrative. Summarizing its facts involves synthesizing the case’s core issues into a concise narrative, contextualized within federal appellate practice. In essence, this involves understanding what factual circumstances led to the litigation, who the parties were, and what legal questions arose. Next, identifying the issues on appeal reveals the legal questions the appellate court needed to resolve, such as questions of law, procedural errors, or substantive rights violations. The author of the opinion, usually a circuit judge or panel, must be identified, along with the docket number, which uniquely identifies the case within court records.
Additionally, the decision date and the court’s ruling provide temporal and procedural context. The Headnote [6] reference directs the researcher to specific legal principles summarized in Westlaw, along with the credited author of that Headnote. Documenting which attorneys represented the appellants provides insight into the legal advocacy involved.
Secondly, regarding Parker v. Oklahoma (556 P.2d 1298), using WestlawNext’s KeyCite feature facilitates tracking how the case has been cited. Determining the number of citing references, and whether specific state cases—such as from Maryland or Connecticut—reference Parker, offers a perspective on its legal influence across jurisdictions. Identifying citing cases that have been overturned or are no longer good law is vital for understanding current legal standing, as is noting citations from legal encyclopedias, which indicate doctrinal influence.
Thirdly, researching whether cases have cited Headnote [6] involves strategic database searches, often using citation or headnote search tools within Westlaw. This process relies on identifying the specific headnote number and examining subsequent citing cases and legal commentary. Subsequently, describing this process demonstrates research methodology and the importance of precise legal citation practices.
The fourth section involves completing specific assignments from Statsky’s legal textbooks based on the edition in use. These exercises are designed to reinforce understanding of legal procedures, rules of evidence, and legal ethics, especially in the context of litigation support tools. For example, discussion of how litigation support software helps prevent ethical breaches should reference the ABA Model Rules (such as Rule 1.1 concerning competence, or Rule 5.3 concerning supervisory responsibilities), emphasizing the role of technology in ensuring ethical compliance.
Finally, the last part requires framing legal issues for appellate review based on an assigned scenario. Using WestlawNext, it is essential to identify an authoritative, mandatory appellate opinion that can be utilized as a credible argument point in Kant’s appeal. Summarizing this opinion succinctly and providing correct citation ensures the argument’s legal foundation. This underscores the importance of legal research proficiency and strategic case selection in appellate advocacy.
Overall, this collection of tasks underscores the importance of thorough legal research, precise citation, understanding of legal procedural and substantive law, and ethical practice—all vital skills for legal professionals aiming to succeed in complex legal environments and appellate courts.
References
- Citations of relevant case law and legal research guides, including Westlaw and WestlawNext user guides.
- Federal Reporter, Third Series (F.2d) citation manual.
- Oklahoma Criminal Appeals reports.
- Legal ethics manuals, especially those referencing ABA Model Rules of Professional Conduct.
- Statsky, W. (latest edition). Legal methods and procedures.
- Legal research methodology texts and guides.
- Case citation and legal research journals.
- Law review articles discussing ethics and legal technology.
- Judicial opinions and case law citations from Maryland and Connecticut appellate courts.
- Legal encyclopedias, such as American Jurisprudence and Corpus Juris Secundum.